3. (a) What is the limitation period for executing (i) money decree (ii) decree for mandatory injunction (iii) decree for perpetual prohibitory injunction. (b) Distinguish between liquidated damages and penalty. How far this distinction affects the amount of compensation and breach of contract.

7. (a) Defamation under IPC and its exceptions. (b) Distinguish between Murder and Culpable Homicide.

8. (a) What is the maximum period for which an under trial prisoner can be detained? (b) Can a sub inspector who gets information that arrack is being distilled in a house, enter, search and seize the same at night without informing the Excise Officials and without warrant from a Magistrate? Precautions and procedure to be followed by him.

Saturday, September 17, 2011

1. (a) What is meant by committal to Court of Sessions? What are the procedural requirements to be complied with while passing an order of committal? (b) What are the safeguards to be adopted by the Magistrate while conducting Identification Parade? What is its probative value?

2. What is Investigation? Does it differ from Inquiry? What is the procedure for recording statements of the witnesses during investigation?

3 (a) What is the sentence of imprisonment that can be imposed in default of fine? (b) Is a tresspasser entitled to exercise the right of private defence of person and property?

4. (a) All Confessions are Admissions but all Admissions are not Confessions. Discuss. (b) Define Dowry Death. When can the Court presume that a person has committed Dowry Death of a woman?

5. Explain the powers of civil court in incidental and supplemental proceedings.

6. (a) Explain the circumstances in which court can be asked to review its own decree or order. (b) What is an exparte decree? What are the criteria for setting aside exparte decree?

7. (a) What are the nature of liabilities under Contract of Indemnity and Guarantee? (b) How can a right of easement be acquired by prescription? What rights cannot be acquired by prescription?

8. (a) Discuss the provision of Limitation Act for computation of limitation in the case of the person under legal disability. (b) A minor issues a cheque in discharge of a liability and it was dishonoured. Whether he is liable to be prosecuted under S. 138 NI Act?

9. Discuss rights and liabilities of Mortgagor and Mortgagee.

10. (a) What is Injunction and its kinds? (b) What is the procedure to be followed for production of records in the custody of a public officer other than a court?

5. (a) When does a suit abate and what is the effect of the abatement. (b) The Law of Limitation does not extinguish the right of a party but only prescribes a statutory period after which the remedy to enforce the right is barred. Explain with reference to law relating to adverse possession.

6. Explain Jurisdiction and its kinds. Elaborate and explain can there be waiver of objection to territorial, pecuniary and inherent jurisdiction.

7. (a) What are the guidelines for appointment of Receivers and Commissioners? (b) Procedure to be adopted by third party for inspection of records of suit in a court.

8. (a) Differentiate between Bill of Exchange and Cheque. (b) Can a person charged for an offense u/s 324 IPC and convicted for Sec 326 IPC? Is offense u/s 379 compoundable?

1. When court is said to have cognizance? What are the options and limitations?

2. (a) Can a person charged for an offense and put to trial be convicted for another offense. Illustrate with Examples. (b) When can accused be discharged and acquitted. Differentiate between them.

3. Distinguish between (a) Common intention and common object (b) Theft and Extortion (c) Criminal Misappropriation and Criminal breach of trust (d) House trespass and Criminal trespass

4. (a) Primary Evidence and Secondary Evidence? Cases in which secondary evidence relating to documents may be given? (b) Important exceptions to Hearsay Rule embodies in Evidence Act.

5. (a) What consequences ensue on dishonour of cheque for insufficiency of funds in the account of the drawer? Write a brief note on relevant provision of NI Act. (b) Cases in which court cannot grant Injunction

6. Short Notes on (a) Doctrine of Part Performance (b) Feeding the grant by estoppel (c) Onerous Gift (d) Easement by Prescription

7. (a) Explain Res Subjudice and Res juduicata (b) What principles are applied in dealing with application for grant of an order of injunction; and in injuction to restrain encashment of unconditional bank guarantee.

8. (a) Properties liable and exempt from attachment. (b) How should the documents exhibited in evidence be marked by court as per Civil Rules Procedure.

9. (a) Write down the guidelines laid down by Supreme Court in D.K. Basu Vs State of West Bengal.(b) Guidelines to be followed by Magistrate while recording confession.